공사대금
1. The Defendant’s KRW 49,870,00 for the Plaintiff and KRW 5% per annum from September 1, 2013 to December 11, 2019.
1. On February 2012, the Plaintiff requested the Defendant to construct a new building in Chungcheong City C, and paid KRW 49,870,000 as the construction price on February 24, 2012.
At the time, it was impossible to construct a new building because E, F, G, etc. were living in Ddong among the above buildings on the land.
The Plaintiff filed a lawsuit against the above E, F, and G for transfer of land and removal from a building in this court 2012da5059, and around January 2013, the decision of compulsory adjustment was finalized to the effect that the above E, etc. transferred the pertinent building D-dong to the Plaintiff by July 31, 2013.
The plaintiff was handed over the building Ddong around May or July 2013, and since September 2013, the construction of the building was possible.
Since then, the plaintiff requested the defendant to commence the new construction of the building, but the defendant did not comply therewith.
The plaintiff urged the defendant to build a new building several times, but the defendant did not commence the construction and did not comply with the plaintiff's demand for return of the price.
[Ground of recognition] Facts without dispute, Gap 1-5, and the purport of the whole pleadings.
2. From September 2013 to the time of filing a lawsuit, the Defendant’s failure to commence construction of a new building, despite the Plaintiff’s demand, is evaluated as the Defendant’s delay of performance or refusal of performance (if construction becomes possible, the construction becomes delayed, the period during which the construction is delayed, the Plaintiff’s assertion and the contents of the Defendant’s reply can be evaluated as delay of performance or refusal of performance, and it is difficult to view that the Defendant withdrawn the Plaintiff’s intent of refusal of performance prior to the Plaintiff’s declaration of intent to cancel the construction). The Plaintiff expressed the intention of rescission, such as urging or demand for payment several times, or expressed such intention by delivery of a copy of the complaint
Therefore, the defendant is obliged to pay the plaintiff 49,870,000 won and the legal interest and delay damages.
3. Conclusion of the Plaintiff’s claim